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Disputed DNA Stats for a Low-level Disputed DNA Stats for a Low-level

Disputed DNA Stats for a Low-level - PowerPoint Presentation

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Disputed DNA Stats for a Low-level - PPT Presentation

Sample A Case Study By Dan Krane DanKraneWrightedu Carrie Rowland RowlandBioforensicscom Nathan Adams AdamsBioforensicscom Financial disclosure Employees of Forensic ID: 702686

d18 minor tho1 d13 minor d18 d13 tho1 lab locus rmp contributors dropout number modified minimal

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Slide1

Disputed DNA Stats for a Low-level Sample:A Case Study

By

Dan

Krane

Dan.Krane@Wright.edu

Carrie Rowland –

Rowland@Bioforensics.com

Nathan Adams –

Adams@Bioforensics.comSlide2

Financial disclosureEmployees of Forensic Bioinformatic Services, Inc.Slide3

Case factsAlleged sexual assaultSample from underwear1 nanogram amplified, using

Identifiler

® (15 autosomal loci)

Victim apparent major profile

“Minimal”

minor profileSlide4

Vic

Sus

Major

Minor

D8

13, 16

16, 16

13,

16

-

D21

27, 29

29, 33.2

27,

29

-

D7

11, 11

11, 12

11, 11

-

CSF

10, 11

9, 9

10, 11

-

D3

15, 18

15, 17

15,

18

-

THO1

8, 9

6, 9.3

8, 9

6, 9.3

D13

10, 13

11, 11

10, 13

11

D16

13, 13

12, 13

13, 13

-

D2

18, 21

19, 23

18, 21

19

D19

13, 14

12, 16

13, 14

-

vWA

15, 17

14, 19

15, 17

-

TPOX

9, 10

10, 12

9,

10

-

D18

16, 16

14, 18

16, 16

14

Amel

X, X

X, Y

X, X

X,

Y

D5

11, 12

10, 10

11, 12

-

FGA

24, 25

23, 26

24, 25

-Slide5

“Minimal” minor

Vic

Sus

Major

Minor

THO1

8, 9

6, 9.3

8, 9

6, 9.3

D13

10, 13

11, 11

10, 13

11

D2

18, 21

19, 23

18, 21

19

D18

16, 16

14, 18

16, 16

14Slide6

“Minimal” minor5 alleles at 4 loci“1 or more than 1 contributors”1 in 220 unrelated individualsSlide7

Calculated locus stats

Minor

THO1

0.633

D13

0.524

D2

0.059

D18

0.231

Total

0.0045

Or 1-in-220 unrelated individuals

*

*

*

=Slide8

Points of contentionDropout + no assumed number of minor contributorsNomenclatureLab claimed to have “modified” the Random Match Probability (

RMP)Slide9

“Minimal” minor

Minor

THO1

6, 9.3

D13

11

D2

19

D18

14Slide10

TH01 – 6, 9.3

Allele

Profiles

6

6,6

9.3

6, all but 6

9.3,9.3

9.3,

all but

9.3

-

6,9.3

Locus Freq.0.633Slide11

D13 - 11

Allele

Profiles

11

11, 11

11,

all but

11

Locus Freq.

0.524Slide12

D2 - 19

Allele

Profiles

19

19, 19

19,

all but

19

Locus Freq.

0.059Slide13

D18 - 14

Allele

Profiles

14

14, 14

14,

all but

14

Locus Freq.

0.231Slide14

“Minimal” minor

Minor

THO1

6, 9.3

[6, 6] [9.3, 9.3]

[6,

9.3]

[6, _]

[9.3, _]

D13

11

[11, 11] [11,

_]

D219[19, 19] [19, _]

D18

14

[14, 14] [14, _]Slide15

Contributors accountedfor by reported stat

Minor

A

B

THO1

6, 9.3

6, _

9.3, _

D13

11

11, _

11, _

D2

19

19, _

19, _

D18

14

14, _

14, _Slide16

Lab stat vs.SWGDAM modified RMPDefense: “… SWGDAM

specifically says

… you

could

only use a modified RMP when you actually

assume

a

particular number

of contributors, right

?”

Lab: “They actually say the unrestricted. They don't use the term ‘modified’, so we're modifying it.”Slide17

SWGDAM – modified RMP4. Statistical Analysis of DNA Typing Results “…this document also applies the term RMP to mixture calculations where the number of contributors is assumed (this has sometimes been referred to as a

modified RMP’).”Slide18

Modified Random Match Probability (mRMP)“By definition, the RMP is calculated on a single-source profile, so for a mixture sample, … this approach is often called a ‘modified’ RMP (mRMP

).” (Butler

2014)Slide19

“By using the RMP nomenclature, these calculations are distinguished from the CPI nomenclature which is commonly thought of in terms of a mixture calculation that makes no assumption as to the number of contributors.”SWGDAM – RMP vs. CPISlide20

Lab statDefense: “But didn't the ultimate number you came up with assume that it was all from the same person?”

Lab: “No

, it did not

.”Slide21

What the lab said“…statistically I'm taking into account any dropout that could possibly be occurring instead of saying that all those

alleles are

there and it's that one

person

…” [emphasis added]Slide22

What the calculations sayAt the TH01 locus, a contributor must have a 6 or a 9.3At the other three loci, a contributor must have the observed alleleReported cumulative productSlide23

What this means“statistically I’m taking into account any dropout that could possibly be occurring” … as long as the dropout is always for alleles we didn’t see and the contributor(s) otherwise

match the observed “minimal” minor profile at one allele per locus.Slide24

Contributors accountedfor by reported stat

Minor

A

B

THO1

6, 9.3

6, _

9.3, _

D13

11

11, _

11, _

D2

19

19, _

19, _

D18

14

14, _

14, _Slide25

What if we allow for locus dropout?Slide26

ContributorsNOT accountedfor by reported stat

Minor

A

B

THO1

6, 9.3

6, _

9.3, _

D13

11

_, _

11, _

D2

19

19, _

_, _

D18

14

14, _

14, _Slide27

ContributorsNOT accountedfor by reported stat

Minor

A

B

C

THO1

6, 9.3

6, _

_, _

9.3, _

D13

11

_, _

11, _

_,

_

D2

19

19, _

_, _

_

, _

D18

14

14, _

14, _

_, _Slide28

“modification of” RMPLab: “…what our laboratory uses is a

modification

of an unrestricted

random match probability.”

Defense: “And

is it modified because

you're

applying it to

unknown numbers

of contributors

?”

Lab: “Yes

, that's correct

.”Defense: “Very good.”Lab: “And it allows for dropout.”Slide29

“modification of” RMPLab: “We've been using the same statistical calculations since we started PCR STR testing 15 years ago.”Slide30

Daubert decision“…such a formula appears wholly contradictory to the only portion of the [SWGDAM] Guidelines that sound non-permissive.”Slide31

Daubert decision“The formula [Lab] used did not rely on a conclusive determination whether allelic dropout had occurred or on a specific number of contributors, making its probability statistic misleading at best.”Slide32

Daubert decision“Even if this Court were to determine that [Lab]’s formula, its application in this case, and the resulting statistical conclusion were reliable, the evidence fails the M.R.E. 403 balancing test. The probative value is minimal.”Slide33

Daubert decision“…the probative value is outweighed by the danger of unfair prejudice, misleading the panel members, and waste of time.”Slide34

ReferencesSWGDAM (2010) Interpretation Guidelines for Autosomal STR Typing by Forensic DNA LaboratoriesButler, J. M. (2014). Advanced topics in forensic DNA typing: interpretation

. Academic

Press.

Appendix 4, “Worked Mixture Example” by Michael CobleSlide35

Disputed DNA Stats for a Low-level Sample:A Case Study

By

Dan

Krane

Dan.Krane@Wright.edu

Carrie Rowland –

Rowland@Bioforensics.com

Nathan Adams –

Adams@Bioforensics.com

Available at –

www.bioforensics.comSlide36

Important notes> 12:1 mixtureStutter threshold applied per SOPsEvidence tested before referencesReferences tested before stats